A cease and desist order is a type of order that the USITC is authorized to issue as a remedy in an investigation under section 337 of the Tariff Act of 1930 (19 U.S.C. § 1337) against any person violating or, in a temporary relief proceeding, believed to be violating the statute. A cease and desist order directs the person to cease and desist from engaging in specified unfair acts or methods of competition in violation of the statute (e.g., infringement of an asserted patent).
Changed circumstances reviews are made by the U.S. Department of Commerce and/or the USITC with respect to final affirmative determinations that resulted in a countervailing duty order or antidumping duty order. They also apply to suspension agreements that resulted from a countervailing duty or antidumping duty investigation. Commerce and the USITC conduct such reviews under section 751(b) of the Tariff Act of 1930 (19 U.S.C. § 1675(b)) on the basis of information or at the request of an interested party. The USITC's regulation regarding changed circumstances reviews can be found at 19 C.F.R. § 207.45.
In reviews involving a countervailing duty or antidumping duty order, the USITC must determine whether revocation of the order or finding is likely to lead to continuation or recurrence of material injury. In reviews involving a suspension agreement, the USITC must determine whether the suspension agreement continues to eliminate completely the injurious effects of imports of the subject merchandise.
These are investigations that the Commission conducts under section 421 of the Trade Act of 1974 (19 U.S.C. 2451) concerning whether a product from China is being imported into the United States in such increased quantities or under such conditions as to cause or threaten to cause market disruption to the domestic producers of like or directly competitive products. The Commission conducts investigations on the basis of a petition, at the request of the President or the U.S. Trade Representative, upon resolution of the House Committee on Ways and Means or Senate Committee on Finance, or on the Commission's own motion. If the Commission makes an affirmative determination, it proposes a remedy to the President and the U.S. Trade Representative. The President makes the final remedy decision.
The term confidential business information (CBI) is defined in the USITC's regulations at 19 C.F.R. § 201.6. (The term "business proprietary information (BPI)" is used in antidumping and countervailing duty investigations.) The regulations define confidential business information as information which concerns or relates to the trade secrets, processes, operations, style of works or apparatus, or to the production, sales, shipments, purchases, transfers, identification of customers, inventories, or amount or source of any income, profits, losses, or expenditures of any person, firm, partnership, corporation, or other organization, or other information of commercial value, the disclosure of which is likely to have the effect of either impairing the USITC's ability to obtain such information as is necessary to perform its statutory functions, or causing substantial harm to the competitive position of the person, firm, partnership, corporation, or other organization from which the information was obtained, unless the USITC is required by law to disclose such information.
Parties can request confidential treatment of CBI and BPI during USITC investigations. Certain statutes and the USITC's regulations provide for the limited disclosure of certain BPI and CBI under an administrative protective order. Under section 337(n) of the Tariff Act of 1930, disclosure can be made to U.S. Trade Representative and U.S. Customs and Border Protection. CBI may also be transmitted to a district court as part of the record of the proceeding subject to a district court protective order pursuant to 28 U.S.C. § 1659.
This is a type of order issued by the Commission in investigations under section 337 of the Tariff Act of 1930 (19 U.S.C. 1337) that results in termination of the investigation, generally after some or all of the parties have reached a settlement agreement. A proposal to terminate by consent order is submitted as a motion to the administrative law judge with a stipulation that incorporates a proposed consent order. The motion may be filed at any time prior to commencement of the hearing by one or more respondents, and may be filed jointly with other parties to the investigation. Termination by consent order need not constitute a determination as to violation of section 337.
These investigations are conducted by the U.S. Department of Commerce (Commerce) and the USITC under the U.S. countervailing duty law, Title VII of the Tariff Act of 1930 (19 U.S.C. § 1671 et seq.), almost always on the basis of a petition filed with Commerce and the USITC on behalf of a domestic industry. If Commerce determines that the government of a country is providing a countervailable subsidy with respect to a class or kind of imported merchandise and the USITC determines that a U.S. industry is materially injured or threatened with material injury or that the establishment of any industry is materially retarded by reason of imports of such merchandise, Commerce will issue a countervailing duty order that imposes a countervailing duty on such imports in an amount equal to the subsidy.
For more information about Commerce's role, see http://trade.gov/ia/index.asp. For more information about the USITC's role, see this site's Import Injury section; for information about pending and completed investigations, see all AD-CVD cases.